No. 09-36109. Argued and Submitted November 1, 2010. Filed March 3, 2011. Alan I. Horowitz, Steven R. Dixon, and Maria O'Toole Jones, Miller Chevalier, Chartered, Washington, D.C., Thomas D. Johnston, Shearman Sterling, Washington, D.C., for the plaintiff-appellant. Arthur Thomas Catterall, Henry C. Darmstadter, David N. Geier, Teresa E. McLaughlin, and James E. Weaver, U.S. Department of Justice, Washington, D.C., Helen J. Brunner, Office of the U.S. Attorney, Seattle, WA, for the defendant-appellee
An employer, employment agency, labor union, or other person must provide reasonable accommodation unless it can prove that the accommodation would impose an undue hardship. An accommodation will be considered an undue hardship if the cost or difficulty is unreasonable in view of: (1) The size of and the resources available to the employer; (2) Whether the cost can be included in planned remodeling or maintenance; and (3) The requirements of other laws and contracts, and other appropriate considerations
It is an unfair practice for any employer, employment agency, labor union, or other person to: (1) Refuse to hire, discharge, bar from employment, or otherwise discriminate against an able worker with a disability or because of the use of a trained dog guide or service animal by an able worker with a disability; or (2) Fail or refuse to make reasonable accommodation for an able worker with a disability or the use of a trained dog guide or service animal by an able worker with a disability, unless